R v AA (No 2) [2019] NSWSC 1890

R v AA (No 2) [2019] NSWSC 1890

The court declined to make a direction applying the law of evidence per s 4(3) of the Evidence Act 1995 (NSW), but admitted the expert report for relevance to the extent it informs the security implications for Australia in determining sentence.

Jurisdiction
Australia
Judgment Date
16 December 2019
Procedural Posture
Criminal / Sentencing Hearing
Outcome
Expert report admitted for limited purpose relevant to sentencing; no direction made under s 4(3) Evidence Act 1995 (NSW)
Legal Topics
['sentencing' 'application of Evidence Act' 'expert Evidence' 'procedural Rulings']
['criminal Law' 'evidence'] ['sentencing' 'application of Evidence Act' 'expert Evidence' 'procedural Rulings']

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Procedural Posture

Criminal / Sentencing Hearing

Legal Issues

  1. 1 ['Whether the Evidence Act 1995 (NSW) applies to the sentencing hearing' 'Admissibility and use of an expert report not in usual form']

Ratio Decidendi

The court declined to make a direction applying the law of evidence per s 4(3) of the Evidence Act 1995 (NSW), but admitted the expert report for relevance to the extent it informs the security implications for Australia in determining sentence.

Court Disposition

Expert report admitted for limited purpose relevant to sentencing; no direction made under s 4(3) Evidence Act 1995 (NSW)

Orders

  • ['The evidence be applied only to the extent that it is relevant in the determination of a sentence.']